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AMUANYI COMPANY LTD. V. ADAMUS RESOURCES LTD.

(2013) JELR 65090 (CA)

Court of Appeal  •  SUIT NO. H1/43/2012  •  18 Apr 2013  •  Ghana

Coram
MARFUL-SAU J.A. (PRESIDING) ,ADJEI J.A,ACKAH-YENSU J.A

Judgement

DENNIS ADJEI, J.A.

This is an appeal against the judgment of the High Court Sekondi dated 7th June,2010. The defendant/appellant appealed to this court per a notice of appeal filed on 27th July,2010. For the purposes of this appeal the plaintiff/respondent would be referred to as the plaintiff and the defendant/appellant as the appellant.

The brief facts of the case were that Amuanyi’s upon being granted mining concession known and called Ebi concession by the government of Ghana per a deed, it entered into a joint venture agreement with a company called Vauquelin Mines Limited (to be refereed to hereafter as Vauquelin) on 22nd February, 1996.

Under the said joint venture agreement tendered into evidence as Exhibit ‘A’, Amuanyi granted full rights to Vauquelin for the later to prospect for gold in the former’s Ebi concession without any undue interference. The consideration of this agreement was that Vauquelin was in turn required to make certain payments. In particular Vauquelin which w…

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